64/1979 Sb.
DECREE
Minister of Foreign Affairs
of 21 June 1999. February 1979
air transport agreement between the Government of the Czechoslovak Socialist
the Republic and the Government of the Italian Republic
On 2 February 2005. October 1975 in Prague, signed the agreement on air transport between the
the Government of the Czechoslovak Socialist Republic and the Government of the Italian
of the Republic. Agreement entered on the basis of article 18, in force on the date
on July 11, 1978.
English translation of the text of the agreement shall be published at the same time.
First Deputy:
Ing. Book v.r.
The AGREEMENT
relating to air transport between the Government of the Czechoslovak Socialist Republic and the
the Government of the Italian Republic
The Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic,
Desiring to conclude an agreement for the development of air transport
relations between the Czechoslovak Socialist Republic and the Italian
Republic of,
have agreed as follows:
Article 1
For the implementation of this agreement, unless the text indicates otherwise:
and) the term "Convention" means the Convention on international civil aviation
opened for signature at Chicago on December 7. December 1944, and includes all
Annex adopted under article 90 of that Convention and any amendment of the annexes, or
Convention in accordance with its articles 90 and 94;
(b)) the term "aeronautical authority" means, in respect of the Czechoslovak
Socialist Republic, the Federal Ministry of transport, in terms of
The Italian Republic, the Ministry of transport, Directorate-General
civil aviation in both cases or any other person or
the authority responsible for carrying out the tasks currently performed by the listed
authorities;
(c)), the expression "specified by air" means the air that one
Contracting Party designated by written notice to the other party in accordance
with article 3 of this agreement, such as the aerospace undertaking operating the agreed
air services on the routes specified in accordance with paragraph 1 of article 2
of this agreement;
(d)) the terms "territory", "air service", "international air service", and
"land for non-traffic purposes" have the meaning given in article 2 and 96
Of the Convention;
(e)), the term "Annex" means an annex to this agreement or its accessories
carried out in accordance with the provisions of paragraph 2 of article 15 of this agreement.
The annex shall form an integral part of the agreement and any appeal to this agreement in
include an appeal to the annex, unless otherwise specified.
Article 2
(1) each contracting party grants to the other Contracting Party the rights set out
in this agreement, to allow it to establish the company's designated air
international air services on the routes specified in the annex to this
the agreement. The services and the tracks are also called "the agreed services" and
"fixed line".
(2) the designated air each Contracting Party will enjoy the following rights:
and) fly without landing across the territory of the other Contracting Party;
(b)) to land in that territory for non-traffic purposes;
(c)) during operation of the agreed services shall be construed and dispose on the territory of the other
Contracting Party, passengers, cargo and mail, under the conditions laid down in
This agreement and its annex.
(3) Nothing in this Agreement shall not entitle the designated air
one party to dispose for consideration within the territory of the other Contracting Party
passengers, freight and mail to the determination for the other place in the territories of the other
Contracting Parties ("cabotage").
Article 3
(1) each Contracting Party shall have the right to determine, by written notice to the other
Contracting Party one air to operate the agreed services on the
laid down tracks.
(2) on receipt of a written notice to the other party without delay
shall be granted, subject to the provisions of paragraphs 3 and 4 of this article, the designated
aviation company operating privileges.
(3) the aeronautical authority of one Contracting Party may request from the air
the company designated by the other Contracting Party, to prove its capability
comply with the conditions established in the laws, regulations and administrative measures,
that the Office usually and reasonably used in accordance with the provisions of
Convention during the operation of international commercial air services.
(4) each Contracting Party shall have the right to refuse to grant the operating
the permission referred to in paragraph 2 of this article, or save it to a designated
the air company in the use of the rights laid down in article 2, such
terms and conditions that it considers necessary, in the case when it is not confident of the
the fact that a substantial part of the ownership and effective control of the air
the company belongs to the party that determines the air company or its
nationals.
(5) once it has been determined by the air company as follows and shall be entitled to may be at any time
started operation of the agreed services in compliance with the provisions of article 9 of the
provided, that for such services will be in force tariffs set
in accordance with the provisions of article 11 of this agreement.
Article 4
(1) each Contracting Party shall have the right to revoke the operating authorisation or
stop the execution of the rights laid down in article 2 of this agreement for the air
the company designated by the other Contracting Party, or save for use of
These rights to such conditions as it deems necessary,
and when), the air will not be governed by the laws, regulations and
administrative measures of the party providing such rights;
(b)) in the case where it is not satisfied that substantial ownership and
effective control of the aviation company belongs to the party indicating the
air, or nationals of that Contracting Party;
(c)) in case the air otherwise fails to comply with the operation of the agreed
services in accordance with the conditions laid down in this agreement.
(2) if the immediate revocation of operating permissions, stop the exercise of rights
or save the conditions of the reasons referred to in paragraph 1 of this article
It will not be necessary to prevent further infringements of laws, regulations and
administrative measures, this right will be exercised only after consultation with the other
a Contracting Party.
Article 5
(1) the laws, regulations and administrative provisions of each party,
regarding entry, stay and exit of aircraft engaged in international
flights from their territory or operation of flying and the output from these aircraft in
While they are on their territories, will apply to aircraft
Aviation firm designated by the other Contracting Party.
(2) the laws, rules and regulations in the administrative procedure, each of the Contracting
party with respect to the entry of passengers, air crew members, goods and
mail on their territory, stay on it and exit from it, such as
regulations relating to the entry, exit immigration, travel documents, clu
and quarantine shall be complied with in their respective territories in the transportation
of the passengers, members of the air crew, cargo and mail plane aviation
the company designated by the other Contracting Party.
(3) taxes and charges for the use of airports, facilities and technical equipment
in the territory of one Contracting Party shall be selected according to the rates and tariffs
laid down by the laws, regulations and administrative measures that Contracting
party.
Article 6
(1) the aircraft used by the designated airline of one Contracting Party by an undertaking
for international air services set out in this agreement, as well as
fuel and lubricating oils, supplies of aircraft, spare parts and normal
equipment stored on board such aircraft, will be exempt from all
Customs levies, inspection and other fiscal charges on arrival at
the territory of the other Contracting Party.
(2) with the exception of charges corresponding to the services will also be carried out by
the above duties and fiscal charges are exempted:
a) fuel, lubricating oils, supplies of aircraft, spare parts and normal
aircraft equipment imported and stored on the territory of a party
designated by the air company of the other party for the exclusive use of the
the plane of the airline business;
b) fuel, lubricating oils, supplies of aircraft, spare parts and normal
aircraft equipment loaded in the territory of the other Contracting Party within the limits
and conditions laid down in its offices for exclusive use on board
aircraft of the air company designated by one Contracting Party.
(3) Items, which are subject to an exemption under the previous
paragraphs, will be used only for the operation of air services, and in the case
that are not used, must be exported if it is not in accordance with the provisions
applicable to the territory of that contracting party allowed to convert them to
another air company or their importation.
(4) the exemption provided for in this article also applies to the part of the above
appointed by the items that is used during flights over the territory of the Contracting
the party providing the exemption, may be conditional on the fulfilment of the formalities
the usual in the relevant territory, including customs checks.
Article 7
(1) the transfers of balances of income, retained earnings designated undertaking of one air
Contracting Party in the territory of the other Contracting Party, shall be made
According to the rules contained in the payment agreement between the Contracting
parties.
(2) if such an agreement will not be able to be used, the conversion will be performed
in freely convertible currency.
(3) the relevant amount will be freely transferred without any fees,
taxes and restrictions.
Article 8
(1) the designated airline companies will have fair and equal opportunities to operate
agreed services between the territories of the Contracting Parties.
(2) the operation of the agreed services specified by air to each of the
the Contracting Parties shall take into account the interests of the designated air company second
the Contracting Parties to an unreasonably did not affect its air services
carried out on the same track or part thereof.
(3) the operation of the agreed services on specified routes will, in close
According to the requirements of the public. The basic goal of any agreed
the service will be secure when the reasonable utilization of capacity
the regular and reasonably considered requirements in both directions of transport
passengers, cargo and mail for the territory of the Contracting Party which has designated
the aerospace company said the service.
(4) the rights granted to each designated an air transport enterprise
passengers, cargo and mail between the territory of the other Contracting Party and territories
third countries will be pursued under the general principle that, in the development of
international air services will be considered in the capacity offered
background:
and) with transport requirements pointing to the territory of the Contracting Party which
the air company has identified, and based on this territory;
(b)) with the transport requirements in the area that the air drops,
taking into account air services operated in this area
aviation enterprises of other countries;
(c)) with direct air operations requirements.
Article 9
(1) the agreed services may be operated only in the case of the negotiation and the validity of
agreements between designated airlines of both parties about the number of firms of frequencies and
the corresponding economic and technical conditions; such an agreement
will be submitted for approval to the aviation authorities of the Contracting Parties.
(2) the timetables agreed services shall be submitted for approval to the
not later than 60 (sixty) days before their entry into force the air
the authorities of both Contracting Parties. The same procedure is valid for other
changes to flight schedules. If aviation authorities agree, may be referred to
period in specific cases.
Article 10
The aviation authorities of each party will submit to the aviation authority
of the other party, upon request, statistical data on capacity utilisation
services based on the territory or in the territory of the other party-facing
the parties, determined by the air company offered the first Contracting Party to the
the routes set out in the annex to this agreement.
Article 11
(1) the term "tariff" means the prices to be used on, and the conditions for their
the use that will be paid for the carriage of passengers, baggage and goods
along with the rewards and the conditions for the provider and for the other auxiliary
the service; However, it does not include fees and conditions for the carriage of mail.
(2) the tariffs used air enterprise of one Contracting Party for carriage
on the territory or from the territory of the other Contracting Party shall be established at the appropriate
the amount will be duly taken of all relevant factors,
such as operating costs, reasonable profit and the fares of other airlines
enterprises.
(3) the tariffs referred to in paragraph 2 of this article shall, if possible,
agreed upon by the designated air companies of both Contracting Parties after consultation with the
other air transport companies on the whole line or its
part a of the agreement will be reached, if possible, through the
procedure created for this purpose, an International Association of air
carriers.
(4) Following the agreed tariffs will be submitted for approval to the aviation authorities
of the parties at least ninety (90) days before the proposed date
their introduction; in special cases, this time limit may be the
the consent of the aviation authorities is truncated.
(5) a consent to the tariffs may be given expressly. In the case that none of the
aviation authorities to notify its disagreement with any plan to
forty (40) days from the date of submission of the tariffs referred to in paragraph 4 of this
Article, the tariffs will be considered approved. If the time
the limit for the submission of the truncated in accordance with paragraph 4 of this article,
aviation authorities may agree on a shorter period than forty (40) days during the
which the opposition is to be announced.
(6) if they are not able to be the tariffs agreed upon in accordance with paragraph 3 of this
Article, or if within the time limit laid down in paragraph 5 of this article
aeronautical authority of one Contracting Party shall transmit to the aviation authority of the other Contracting
the parties a notice of its disagreement with the tariffs agreed upon under paragraph 3
This article will attempt to determine the tariffs by common agreement between the aviation authorities
of the Contracting Parties.
(7) unless they can agree on the approval of the aviation authorities of any
the tariff submitted to them under paragraph 4 of this article or on its
the determination referred to in paragraph 6, the dispute will be solved in accordance with the provisions of
Article 16 of this agreement.
(8) the tariffs negotiated under the provisions of this article shall be in effect until
the negotiation of new tariffs. The validity of any plan, however, it cannot be
pursuant to this paragraph is extended by more than twelve (12) months after the
the date on which would otherwise force plan ended.
Article 12
(1) each Contracting Party shall, on the basis of reciprocity specified
the aviation company of the other party the right to maintain in the territory of the other
the Contracting Parties in a place referred to in the list of tracks and offices
administrative, business and technical staff selected from State
members of one or both of the parties, necessary for the needs of
designated air company.
(2) the employment of third-country nationals to the territory of the Contracting
the parties will be possible only with the consent of its aviation authority.
(3) the Employees of the other party or to the nationals of third
countries will be subject to the national provisions relating to the entry and
stay on the territory of the Contracting Parties, such as laws, regulations and
administrative measures in force on its territory.
(4) the number of employees referred to in paragraph 3 of this article shall be
submitted for approval by aviation authorities of both Contracting Parties.
(5) each Contracting Party shall provide the said offices and staff-
nationals of the other Contracting Parties or third countries-with the necessary
assistance and also for the employees in the relevant
territory.
Article 13
This agreement and any amendment referred to in article 15 shall be registered with the
The International Civil Aviation Organization.
Article 14
In the spirit of close cooperation, aviation authorities of the two parties
carry out consultations, as appropriate, concerning the interpretation and satisfactory
the implementation of the provisions of this agreement and its annexes.
Article 15
(1) if one of the Contracting Parties considers it desirable to change the
any provision of this agreement, it may request the other Contracting Party of
consultation. These consultations, which will be carried out between air
offices, either by negotiation or in writing, shall be held within sixty
(60) days from the date of submission of the application. Follow these steps to change the agreed entry
into force as soon as it will be confirmed by Exchange of diplomatic notes.
(2) amendments to the annex to this agreement may be carried out from the date of
the agreed aviation authorities and will enter into force after their confirmation
Exchange of diplomatic notes.
(3) enters into force for the contracting parties both general multilateral
Convention for scheduled international air services, the
the agreement modified to match the provisions of such multilateral
of the Convention.
Article 16
Any dispute concerning the interpretation or application of this agreement or its
The annex will be settled by direct negotiation between the aeronautical authorities of the Contracting
party. If between the aeronautical authorities of the agreement is not reached,
the dispute shall be settled through diplomatic channels.
Article 17
Each Contracting Party may at any time notify the other party of its
the decision to terminate this agreement. A copy of the testimony will be at the same time
sent to the International Civil Aviation Organization. If it has been
such notice is given, this Agreement shall expire 12 months after the
date on which the notice was received by the other Contracting Party, unless the notice is not
between the parties by mutual agreement revoked before expiry of the
This period. If it is not confirmed by the receipt of the notice by the other Contracting
party, the notice will be deemed to have been delivered two weeks after the
a copy was received by the International Civil Aviation Organization.
Article 18
Each Contracting Party shall notify the other party in writing of the approval
This agreement in accordance with their national legislation. This agreement shall enter
force on the date of the last of the written notification.
Done in Prague on 2. October 1975 in two copies in the English language.
The evidence that agents of the Contracting Parties have signed this agreement and
obtain it seals.
For the Government of the Czechoslovak Socialist Republic:
Jaroslav Pace v.r.
For the Government of the Italian Republic:
Felice Santini v.r.
XIII.
I. the track designated air company of the Czechoslovak Socialist
States:
Points in Czechoslovakia-Rome in both directions
II. The track designated air company of the Italian Republic:
Points in Italy-Prague in both directions.
